Citation Nr: 0323193
Decision Date: 09/09/03 Archive Date: 09/23/03
DOCKET NO. 02-05 419 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Louisville,
Kentucky
THE ISSUE
Entitlement to service connection for bilateral hearing loss.
ATTORNEY FOR THE BOARD
James R. Siegel, Counsel
INTRODUCTION
The veteran served on active duty from September 1946 to
April 1947.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from a May 2001 rating decision of the Regional
Office (RO) that denied the veteran's claim for service
connection for bilateral hearing loss.
REMAND
The veteran asserts that service connection is warranted for
bilateral hearing loss. He claims that he lost his hearing
while he was in service. In May 2003, the veteran provided
authorization for release of records, and at least partial
addresses, for three medical providers from whom he had
received treatment following service for hearing loss. No
attempt has been made to contact these medical providers to
obtain all available reports of such treatment.
Accordingly, this case is REMANDED for the following:
1. The RO should contact Dr. Sells, Dr.
Hayden and Dr. Rhyme, and request that
they provide a copy of all available
reports of treatment of the veteran for
bilateral hearing loss since 1947.
2. Thereafter, if any additional
evidence is received, the RO should
readjudicate the issue on appeal. If any
benefit sought is not granted, a
supplemental statement of the case should
be issued to the veteran and the
appropriate time to respond should be
afforded. The case should then be
returned to the Board for appellate
consideration, as appropriate.
The appellant has the right to submit additional evidence and
argument on the matter the Board has remanded to the RO.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
_________________________________________________
U. R. POWELL
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2002).